Amazing unfolding of events. The courts have affirmed their previous decision that copy-while-playing-back is a TiVo exclusive feature and not something every DVR can be expected to offer. And the Hollywood studios continue to oppose the idea of a virtual DVR in the cable network.
Makes it look like TiVo is the only DVR game in town. And none of this hinges on vague arguments about GUI or EPG or other such TiVo cleverness.
Simple solution is to license Tivo's patent. It can be licensed at terms that are way more reasonable than, say, MPEG-LA H.264 patents.
The Tivo/Replay patents aren't any stupider than many other patents granted. I find UI patents very irritating - the Creative patent that Apple is paying off is pretty stupid.